In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/06/fight-against-counterfeiting.html The fight against counterfeiting remains as topical as ever [IPKat here, here or here]. Dematerialisation is speeding up and facilitating inter alia access to products that could be described as counterfeits [IPKat here]. Against this backdrop, this Kat has taken note of a new French draft law dated 28... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/06/at-last-habemus-covidiot.html After it was referred back in 2021, a few days ago the Grand Board of the European Union Intellectual Property Office finally issued its long-awaited decision concerning an application to register the figurative sign ‘COVIDIOT’ (below) as an EU trade mark for the following goods: Class 6: Metal clips.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/06/the-difference-between-credibility-and.html The recent Board of Appeal case T 0209/22 is yet another decision demonstrating the relatively permissive approach in Europe to medical use inventions. The patent related to the medical use of a combination of known drugs. The claim was supported by data described in the application from a phase I clinical... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/05/eutm-application-for-tv-now-remanded-by.html In a recent decision (R 1397-2022-5), the Fifth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) took the unusual step of suspending an opposition appeal so as to remand the trade mark application to the Examiner for an examination on the basis of absolute grounds... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/05/book-review-forever.html This TechieKat was thrilled to put her paws on Forever, written by Daniel J. Gervais, Milton R. Underwood Chair in Law and Director of Vanderbilt Intellectual Property Program at Vanderbilt University. Forever is a legal sci-fi story and the first volume of the Coexistence Trilogy (see the dedicated website... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/05/elettra-lamborghini-and-patronymic.html The Board of Appeals of the Italian Patent and Trademark Office (UIBM) recently issued a decision in favour of Elettra Lamborghini, allowing her to register her name as a trade mark despite the opposition from well-known car manufacturer Automobili Lamborghini. Facts of the case Elettra Lamborghini, granddaughter of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/05/outline-of-scientific-paper.html The notion of originality is key to copyright law. Our readers might be well aware of this [IPKat here, here or here]. It is therefore interesting and useful to know what can constitute a free and creative choice for each type of work that may be created. This time,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/05/upckat-sufficient-certainty-of-patent.html The UPCKat is getting the hang of so many UPC hearings in Munich As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/05/connecting-dots.html Dotted or broken lines are common in trade mark and design applications to show elements that are not meant to be protected. The Guidelines on the Examination of applications for registered Community designs of the European Union Intellectual Property Office (‘EUIPO’) state: Visual disclaimers indicate that protection is not... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/05/never-too-late-if-you-missed-ipkat-last_27.html If you were too busy last week to keep up with the IP news, here’s the summary of what you missed. Join Us! Looking at new opportunities. Image from Pixabay. Firstly, a reminder that applications are currently open for a new GuestKat and InternKat. The deadline for applying to... Continue reading
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